Divorce Questions & Answers

Q: Do I have to advise my exhudband where my children spend the night?

1 Answer | Asked in Divorce and Child Custody for Florida on
Answered on Apr 30, 2017

Yes. The parent always has the right to know where their clild is.
View Details »

Q: Can i contact my wife about my kids with out repercussions of the law. There is nothing court that says no.

1 Answer | Asked in Civil Litigation, Divorce, Family Law and Child Custody for Colorado on
Answered on Apr 30, 2017

If you your wife or children have a protection order against you, you cannot contact them (but an attorney can). If you do not have a restraining order there should be no reason why you cannot contact her.

You should be allowed visitation/custody of the children. How much and what type depends on too many factors to answer in this venue. You likely will have to pay child support (this will not occur until a judge orders support as part of a divorce and/or custody filing).

For...
View Details »

Q: If i file for divorce, will my husband be able to apply to remove his condition and receive his permanent greencard

1 Answer | Asked in Divorce and Immigration Law for New York on
Answered on Apr 29, 2017

Maybe. There is an insufficient factual basis to answer your question. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a...
View Details »

Q: Under what circumstances can a pre-nup be challenged in court?

1 Answer | Asked in Divorce for Massachusetts on
Answered on Apr 29, 2017

The terms may be inherently unconscionable and there may not have been enough time for the non-drafting party to review the pre-nup with independent counsel.

See: http://www.aeesq.com/divorce-attorney/community-property-2/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my...
View Details »

Q: How long do I have to wait to refile for divorce if the first filing didn't go through because I couldn't find him?

1 Answer | Asked in Divorce for California on
Answered on Apr 29, 2017

If you filed already, so long as the matter was not dismissed, you may be able to serve him the original papers and file the notice of service in the same matter. Or you may need to move to dismiss the original case without prejudice and then file again. It depends on the orders of the court, if any, in the prior case.

See: http://www.aeesq.com/divorce-attorney/divorce/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
View Details »

Q: If a divorce is filed 11-8-16 in Riverside California, and the complaint status shows open... when will the divorce over

2 Answers | Asked in Divorce for California on
Answered on Apr 29, 2017

It depends on what issues are before the court in the case, what documents have been filed, and how busy the court is.

See: http://www.aeesq.com/divorce-attorney/divorce/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law...
View Details »

Q: what is the least expensive path to divorce my wife of 3 years? No kids together. House purchased prior to marriage

1 Answer | Asked in Divorce for Texas on
Answered on Apr 29, 2017

1. The house purchased prior to marriage is your separate property, but the wife is entitled to one half of any improvements.

2. The lease expense method is to have an Agreed Divorce with (a) an equal division of assets as much as possible and (2) an agreed provision for primary conservatorship of the children.

3. You should not have any issues in reference to retirement benefits on the basis of your three years of marriage.
View Details »

Q: My name is on the deed, not the laon, we are divorced and home is now going into forclosure/auction sale. Am I liable?

1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Answered on Apr 28, 2017

Of course you are liable for it. The divorce Judgment is NOT binding on the lender. You need to retain experienced mortgage foreclosure defense counsel. Only a mortgage foreclosure defense attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure defense attorney. You need to retain the best...
View Details »

Q: Do I have to give my ex my addresses again. I refuse now bc I have given it to him 5 times by email within 3 months.

1 Answer | Asked in Divorce and Child Custody for Georgia on
Answered on Apr 28, 2017

If you've already provided the information and it has not changed, you aren't required to continually provide the same information.

Sounds like you may need a lawyer to deal with your ex.
View Details »

Q: Can I move out of state for a job if I have primary physical custody, but joint legal?

1 Answer | Asked in Divorce and Child Custody for Georgia on
Answered on Apr 28, 2017

There are legal steps and consequences to moving out of state. You should consult a lawyer before doing so.
View Details »

Q: Me and my wife divorced about 8 years ago and we did our divorce without kids even though we had kids what can we do

1 Answer | Asked in Child Custody and Divorce for Georgia on
Answered on Apr 28, 2017

If you are not legally recognized as the father, you will need to file a Legitimation Petition.
View Details »

Q: Do I have to make my son attend a sport he hates?

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Answered on Apr 28, 2017

If the parenting plan form says you have joint decision making on extracurricular activity, and the father signed the child up without your joint agreement, HE has violated the order and he may be in contempt. Proving that in court may be difficult, especially if the boy played last year- the father will claim you already agreed to it. The boy needs to communicate with his father that he does not like baseball.
View Details »

Q: Divorce in USA

1 Answer | Asked in Divorce for New York on
Answered on Apr 28, 2017

If you're a resident in NY, you can file for divorce in NY.

See: http://www.aeesq.com/divorce-attorney/divorce-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
View Details »

Q: the respondent did not answer divorce. what do I file next.

1 Answer | Asked in Divorce for Iowa on
Answered on Apr 28, 2017

The procedure for a 'Default' (wherein the other person doesn't file an answer within 20 days after being served the Petition and Original Notice), is found in the Civil Procedure Rules. Here is a link to those Rules: https://www.legis.iowa.gov/docs/ACO/CR/LINC/04-28-2017.chapter.1.pdf Take a look specifically at Rules 1.971 - 1.977.
View Details »

Q: How can I force my ex spouse to appear in court?

1 Answer | Asked in Divorce, Real Estate Law, Child Custody and Military Law for Georgia on
Answered on Apr 28, 2017

You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for attorney's fees based on misconduct of the other side - but that may vary from state to state (and from judge to judge).
View Details »

Q: Apartment is in my name only can I tell my wife she is not allowed to return? She claimed she relocated with my daughter

1 Answer | Asked in Divorce for Florida on
Answered on Apr 28, 2017

Quite simply, the answer to your question is that you cannot lock her out. You can tell her she is not allowed to return, but, legally, she can return. Regarding the residence of your daughter, that raises a significantly different issue. You should consult a family law attorney ASAP.
View Details »

Q: should I pay support for my 18 y.o. who will be going to college in the fall but living with his mother.

1 Answer | Asked in Divorce and Child Support for Ohio on
Answered on Apr 28, 2017

There would be no support obligation for an 18 year old attending college. Use the Find a Lawyer tab to consult a local divorce attorney who can review your situation and advise you.
View Details »

Q: What are the questions a judge asks in court for a non-contested divorce where both parties are sep. for over 6 months?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 28, 2017

You are "proving up" your case.

After being put under oath you go over your petition and the agreement.
View Details »

Q: If items are in my fathers name and my name, can his wife take those items in a divorce?

1 Answer | Asked in Divorce and Family Law for Iowa on
Answered on Apr 27, 2017

Your step-mother may, or may not, be able to take the items that are listed in yours and his names. It depends on when the item was purchased, and how title to that items got into your and his names. If the item was purchased before he and your stepmother were married, then it is 'pre-marital' property, and he will get to retain that item.

There are many things involved in preparing to dissolve a marriage. Your father should seek the advice of an attorney about specific items in...
View Details »

Q: In California - In Divorce proceedings where alimony and child support are given, is life insurance always required.

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Answered on Apr 27, 2017

Where life insurance is a community asset, it would be subject to division in the proceedings.

See: http://www.aeesq.com/divorce-attorney/community-property-2/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY,...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.